Federal Register / Vol. 70, No.
155 / Friday, August 12, 2005 / Rules and Regulations
or subsidies which create significant
burdens or complexities for the plan
and plan participants unless the
amendment adversely affects the rights
of any participant in a more than de
minimis manner). However, in
determining whether an amendment
reducing a retirement-type subsidy
constitutes a significant reduction
because it reduces a retirement-type
subsidy as permitted under § 1.411(d)–
3(e)(6) of this chapter, the amendment is
treated in the same manner as an
amendment that limits the retirement-
type subsidy to benefits that accrue
before the applicable amendment date
(as defined at § 1.411(d)–3(g)(4) of this
chapter) with respect to each participant
or alternate payee to whom the
reduction is reasonably expected to
apply.
(d) Examples. The following examples
illustrate the rules in this Q&A–8:
Example 1. (i) Facts. Pension Plan A is a
defined benefit plan that provides a rate of
benefit accrual of 1% of highest-5 years pay
multiplied by years of service, payable
annually for life commencing at normal
retirement age (or at actual retirement age, if
later). An amendment to Plan A is adopted
on August 1, 2009, effective January 1, 2010,
to provide that any participant who separates
from service after December 31, 2009, and
before January 1, 2015, will have the same
number of years of service he or she would
have had if his or her service continued to
December 31, 2014.
(ii) Conclusion. In this example, the
effective date of the plan amendment is
January 1, 2010. While the amendment will
result in a reduction in the annual rate of
future benefit accrual from 2011 through
2014 (because, under the amendment,
benefits based upon an additional 5 years of
service accrue on January 1, 2010, and no
additional service is credited after January 1,
2010 until January 1, 2015), the amendment
does not result in a reduction that is
significant because the amount of the annual
benefit commencing at normal retirement age
(or at actual retirement age, if later) under the
terms of the plan as amended is not under
any conditions less than the amount of the
annual benefit commencing at normal
retirement age (or at actual retirement age, if
later) to which any participant would have
been entitled under the terms of the plan had
the amendment not been made.
Example 2. (i) Facts. The facts are the same
as in Example 1, except that the 2009
amendment does not alter the plan
provisions relating to a participant’s number
of years of service, but instead amends the
plan’s provisions relating to early retirement
benefits. Before the amendment, the plan
provides for distributions before normal
retirement age to be actuarially reduced, but,
if a participant retires after attainment of age
55 and completion of 10 years of service, the
applicable early retirement reduction factor
is 3% per year for the years between the ages
65 and 62 and 6% per year for the ages from
62 to 55. The amendment changes these
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47127
provisions so that an actuarial reduction
applies in all cases, but, in accordance with
section 411(d)(6)(B), provides that no
participant’s early retirement benefit will be
less than the amount provided under the
plan as in effect on December 31, 2009 with
respect to service before January 1, 2010. For
participant X, the reduction is significant.
(ii) Conclusion. The amendment will result
in a reduction in a retirement-type subsidy
provided under Plan A (i.e., Plan A’s early
retirement subsidy). Section 204(h) notice
must be provided to participant X and any
other participant for whom the reduction is
significant and the notice must be provided
at least 45 days before January 1, 2010 (or by
such other date as may apply under Q&A–9
of this section).
Example 3. (i) Facts. The facts are the same
as in Example 2, except that, for participant
X, the change does not go into effect for any
annuity commencement date before January
1, 2011. Participant X continues employment
through January 1, 2011.
(ii) Conclusion. The conclusion is the same
as in Example 2. Taking into account the rule
in the second sentence of Q&A–8(c) of this
section, the reduction that occurs for
participant X on January 1, 2011, is treated
as the same reduction that occurs under
Example 2. Accordingly, assuming that the
reduction is significant, section 204(h) notice
must be provided to participant X at least 45
days before the January 1, 2010 effective date
of the amendment (or by such other date as
may apply under Q&A–9 of this section).
Mark E. Matthews,
Deputy Commissioner for Services and
Enforcement.
Approved: August 1, 2005.
Eric Solomon,
Acting Deputy Assistant Secretary of the
Treasury.
[FR Doc. 05–15958 Filed 8–11–05; 8:45 am]
BILLING CODE 4830–01–P
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
29 CFR Part 1601
706 Agencies; Georgia Commission on
Equal Opportunity, North Carolina Civil
Rights Division, Office of
Administrative Hearings, North Dakota
Department of Labor, Lee County
Office of Equal Opportunity, City of
Tampa Office of Human Rights, Palm
Beach County Office of Equal
Opportunity, Madison Equal
Opportunity Commission, St. Paul
Department of Human Rights
AGENCY: Equal Employment
Opportunity Commission.
ACTION: Final rule.
SUMMARY: The Equal Employment
Opportunity Commission amends its
regulations designating certain State and
local fair employment practices agencies
PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.SGM
as certified designated agencies. The
designation permits the Commission to
accept the findings and resolutions of
State and local fair employment
practices agencies in regard to most
cases processed under contract without
individual, case-by-case substantial
weight reviews by the Commission.
Publication of this amendment
effectuates the designation of the
following agencies as certified
designated FEP agencies: Georgia
Commission on Equal Opportunity;
North Carolina Civil Rights Division,
Office of Administrative Hearings;
North Dakota Department of Labor; Lee
County Office of Equal Opportunity;
City of Tampa Office of Human Rights;
Palm Beach County Office of Equal
Opportunity; Madison Equal
Opportunity Commission; St. Paul
Department of Human Rights.
EFFECTIVE DATE: August 12, 2005.
FOR FURTHER INFORMATION CONTACT:
Mary McIver, Equal Employment
Opportunity Commission, Office of
Field Programs, State and Local
Programs, 1801 L Street, NW.,
Washington, DC 20507, Telephone (202)
663–4205.
SUPPLEMENTARY INFORMATION:
List of Subjects in 29 CFR Part 1601
Administrative practice and
procedure, Equal employment
opportunity, Intergovernmental
relations.
■ Accordingly, title 29, chapter XIV, part
1601 is amended as follows:
PART 1601—PROCEDURAL
REGULATIONS
■ 1. The authority citation for part 1601
continues to read as follows:
Authority: 42 U.S.C. 2000e to 2000e-17; 42
U.S.C. 12111 to 12117.
■ 2. Section 1601.80 is amended by
adding in alphabetical order the
following agencies:
§ 1601.80 Certified designated FEP
agencies.
* * * * *
City of Tampa Office of Human Rights
* * * * *
Georgia Commission on Equal
Opportunity
* * * * *
Lee County Office of Equal Opportunity
* * * * *
Madison Equal Opportunity
Commission
* * * * *
North Carolina Civil Rights Division,
Office of Administrative Hearings
North Dakota Department of Labor
* * * * *
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 47128 Federal Register / Vol. 70, No. 155 / Friday, August 12, 2005 / Rules and Regulations
Palm Beach County Office of Equal
Opportunity
* * * * * City of Springfield (IL) Department of
St. Paul Department of Human Rights
* * * * * *
Signed at Washington, DC, this 1st day of
August, 2005.
For the Commission.
Cari M. Dominguez,
Chair.
[FR Doc. 05–15978 Filed 8–11–05; 8:45 am]
BILLING CODE 6570–01–P
EQUAL EMPLOYMENT OPPORTUNITY
COMMISSION
29 CFR Part 1601
706 Agencies: City of Springfield (IL)
Department of Community Relations;
Reading (PA) Human Relations
Commission
AGENCY: Equal Employment
Opportunity Commission.
ACTION: Final rule.
SUMMARY: The Equal Employment
Opportunity Commission amends its
Regulations designating certain state
and local fair employment Practices
agencies (706 Agencies) so that they
may handle employment discrimination
charges within their jurisdictions.
Publication of this amendment
effectuates the designation of the City of
Springfield (IL) Department of
Community Relations and Reading (PA)
Human Relations Commission.
DATES: August 12, 2005.
FOR FURTHER INFORMATION CONTACT:
Mary McIver, Equal Employment
Opportunity Commission, Office of
Field Programs, State and Local
Programs, 1801 L Street, NW.,
Washington, DC 20507, Telephone (202)
663–4205.
SUPPLEMENTARY INFORMATION:
List of Subjects in 29 CFR Part 1601
Administrative practice and
procedure, Equal employment
opportunity, Intergovernmental
relations.
■ Accordingly, title 29, chapter XIV, part
1601 is amended as follows:
PART 1601—PROCEDURAL
REGULATIONS
■ 1.The authority citation for part 1601
continues to read as follows:
Authority: 42 U.S.C. 2000e to 2000e-17; 42
U.S.C. 12111 to 12117.
■ 2. Section 1601.74(a) is amended by
adding in alphabetical order the
following agencies:
VerDate jul<14>2003 12:47 Aug 11, 2005 Jkt 205001
§ 1601.74 Designated and notice agencies.
(a) * * *
Community Relations
* * * *
Reading (PA) Human Relations
Commission
* * * * *
Signed at Washington, DC this 1st day of
August, 2005.
For the Commission.
Cari M. Dominguez,
Chair.
[FR Doc. 05–15979 Filed 8–11–05; 8:45 am]
BILLING CODE 6570–01–P
DEPARTMENT OF HOMELAND
SECURITY
Federal Emergency Management
Agency
44 CFR Part 67
Final Flood Elevation Determinations
AGENCY: Federal Emergency
Management Agency, Emergency
Preparedness and Response Directorate,
Department of Homeland Security.
ACTION: Final rule.
SUMMARY: Base (1% annual-chance)
Flood Elevations and modified Base
Flood Elevations (BFEs) are made final
for the communities listed below. The
BFEs and modified BFEs are the basis
for the floodplain management
measures that each community is
required either to adopt or to show
evidence of being already in effect in
order to qualify or remain qualified for
participation in the National Flood
Insurance Program (NFIP).
EFFECTIVE DATE: The date of issuance of
the Flood Insurance Rate Map (FIRM)
showing BFEs and modified BFEs for
each community. This date may be
obtained by contacting the office where
the FIRM is available for inspection as
indicated in the table below.
ADDRESSES: The final base flood
elevations for each community are
available for inspection at the office of
the Chief Executive Officer of each
community. The respective addresses
are listed in the table below.
FOR FURTHER INFORMATION CONTACT:
Doug Bellomo, P.E., Hazard
Identification Section, Emergency
Preparedness and Response Directorate,
Federal Emergency Management
Agency, 500 C Street, SW., Washington,
DC 20472, (202) 646–2903.
SUPPLEMENTARY INFORMATION: The
Federal Emergency Management Agency
PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 E:\FR\FM\12AUR1.SGM
makes the final determinations listed
below for the BFEs and modified BFEs
for each community listed. These
modified elevations have been
published in newspapers of local
circulation and ninety (90) days have
elapsed since that publication. The
Mitigation Division Director of the
Emergency Preparedness and Response
Directorate has resolved any appeals
resulting from this notification..
This final rule is issued in accordance
with Section 110 of the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4105,
and 44 CFR Part 67.
The Federal Emergency Management
Agency has developed criteria for
floodplain management in floodprone
areas in accordance with 44 CFR Part
60.
Interested lessees and owners of real
property are encouraged to review the
proof Flood Insurance Study and FIRM
available at the address cited below for
each community.
The BFEs and modified BFEs are
made final in the communities listed
below. Elevations at selected locations
in each community are shown.
National Environmental Policy Act.
This rule is categorically excluded from
the requirements of 44 CFR Part 10,
Environmental Consideration. No
environmental impact assessment has
been prepared.
Regulatory Flexibility Act. The
Mitigation Division Director of the
Emergency Preparedness and Response
Directorate certifies that this rule is
exempt from the requirements of the
Regulatory Flexibility Act because
modified base flood elevations are
required by the Flood Disaster
Protection Act of 1973, 42 U.S.C. 4105,
and are required to establish and
maintain community eligibility in the
NFIP. No regulatory flexibility analysis
has been prepared.
Regulatory Classification. This final
rule is not a significant regulatory action
under the criteria of Section 3(f) of
Executive Order 12866 of September 30,
1993, Regulatory Planning and Review,
58 FR 51735.
Executive Order 12612, Federalism.
This rule involves no policies that have
federalism implications under Executive
Order 12612, Federalism, dated October
26, 1987.
Executive Order 12778, Civil Justice
Reform. This rule meets the applicable
standards of Section 2(b)(2) of Executive
Order 12778.
List of Subjects in 44 CFR Part 67
Administrative practice and
procedure, Flood insurance, Reporting
and recordkeeping requirements.
12AUR1